New changes in the immigration rules add an additional obstacle for partners of points based system migrants in obtaining indefinite leave to remain

New changes in the immigration rules add an additional obstacle for partners of points based system migrants in obtaining indefinite leave to remain

New changes in the immigration rules presented to Parliament on 7 December 2017 add an additional requirement for obtaining indefinite leave to remain for the partners points based system migrants.

The change in the rules are that a partner of a points based system migrant cannot be absent from the UK for more than 180 days during any 12 month period of their leave for the duration of the specified period. The specified period is the amount of leave required to obtain indefinite leave to remain as a partner of a points based system migrant. The rules do provide that any absence from the UK in order to assist with a national or international humanitarian or environmental crisis will not count towards the 180 days. Also in order to avoid the rules applying retrospectively to the partners of points based system migrants, the rules also state that any period of absence from the UK for those who were granted leave under the rules in place prior to 11 January 2018 will also not count towards the 180 days. This in effect means that the 180 day requirement will only apply to those granted leave after 11 January 2018.

This new obstacle only applies to the partner of a points based system migrant and not their children. However the rules do require that the child of the points based system migrant, is the child of a parent who is a points based system migrant or their partner and either the main migrant or their partner has or will be granted indefinite leave to remain at the same time as the child. Therefore if this hurdle prevents the partner from obtaining indefinite leave to remain this could also affect the child.

Our Immigration solicitors and caseworkers specialise in points based system applications and can advise and assist in relation to these types applications. Book an appointment today with one of our solicitors or caseworkers.

Article posted by Ahmed Osman

Ahmed OsmanSenior Caseworker

Ahmed has experience of assisting in bail and temporary admission applications after volunteering for a few months at Bail for Immigration Detainees.

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